Had tree professionally cut but did not know it had a TPO

jjlandlord

donfanatico wrote: »

That's fine if you know that TPOs exist. I, for one, have never heard about this before

Absolutely, I didn't say otherwise.
That's why I think the tree surgeon didn't acted professionally, and might have some liability. Not to mention that they are also in by themselves with the offence.

starwarsclark

Hi,
Just got home and read the letter, to add to the above it says: As it is considered an offence has been committed under the planning regulations set out below, namely unauthorised works to a protected tree, it will be necessary to gather the evidence under caution. It goes on to say that we will receive a registered letter with a schedule of questions relating to this matter, These questions will be under caution. Depending on your responses, the Council may take criminal proceedings against you.

What is "under caution"? Sounds like real legal stuff and very heavy handed to me. Should we be taking legal advise?

jjlandlord

Yes, you should.

chucknorris

This thread reminded me of Hitchhiker's guide to the galaxy:


“People of Earth, your attention, please… This is Prostetnic Vogon Jeltz of the Galactic Hyperspace Planning Council. As you will no doubt be aware, the plans for development of the outlying regions of the Galaxy require the building of a hyperspatial express route through your star system, and regrettably, your planet is one of those scheduled for demolition. The process will take slightly less than two of your Earth minutes. Thank you…

"There's no point in acting surprised about it. All the planning charts and demolition orders have been on display at your local planning department in Alpha Centauri for fifty of your Earth years, so you've had plenty of time to lodge any formal complaint and it's far too late to start making a fuss about it now…
"What do you mean you've never been to Alpha Centauri? Oh, for heaven's sake, mankind, it's only four light years away, you know. I'm sorry, but if you can't be bothered to take an interest in local affairs, that's your own lookout. Energize the demolition beams.”

equus

Hi,

Understand this must be causing you both a lot of stress, as well as agreeing with the legal advice, may I suggest you also post on https://www.gardenlaw.co.uk. On their forum they have a Tree section. There are TPO specialists who post who I am sure will be able to offer their opinions and help.

starwarsclark

equus wrote: »

Hi,

Understand this must be causing you both a lot of stress, as well as agreeing with the legal advice, may I suggest you also post on n their forum they have a Tree section. There are TPO specialists who post who I am sure will be able to offer their opinions and help.

Thank you, I have registered at Gardenlaw and awaiting forum approval to post. It does amaze me that such a forum exists, seems like there are so many things in the world that need to be dealt with, good to know we are not alone.

tom9980

Finding a TPO isnt easy there is one at the house we are buying then the tree promptly fell during the storms a few weeks ago! cannot find anywhere a way to search for TPO's on my council website, and trust me i searched high and low. Just forms to fill in to apply for work.

I was actually curious to see if any other trees have a TPO in the garden, because i may well cut a few of them down.

I_have_spoken

If you are interviewed under caution at the Council, you have options to

1) Leave the interview at end time
2) Respond 'no comment' to all questions
3) Be accompanied by a person of your choice

Debt_Free_Chick

Under caution is the same as being formally interviewed by the Police, when you get the caution that "anything you say can be used in evidence and anything you don't say can not later be used as evidence" in Court, if you are prosecuted.

Basically, tell the truth and the whole truth.

It might be useful to get details of the TPO and, especially, the date it was issued. If this was after the date you bought the property, you should have been notified by the planning authority. If before, then it might be time to get out the sellers information you had at the time. That said, the searches that your solicitor completed at the time of the purchase should have revealed a TPO.

agrinnall

chucknorris wrote: »

This thread reminded me of Hitchhiker's guide to the galaxy:


“People of Earth, your attention, please… This is Prostetnic Vogon Jeltz of the Galactic Hyperspace Planning Council. As you will no doubt be aware, the plans for development of the outlying regions of the Galaxy require the building of a hyperspatial express route through your star system, and regrettably, your planet is one of those scheduled for demolition. The process will take slightly less than two of your Earth minutes. Thank you…

"There's no point in acting surprised about it. All the planning charts and demolition orders have been on display at your local planning department in Alpha Centauri for fifty of your Earth years, so you've had plenty of time to lodge any formal complaint and it's far too late to start making a fuss about it now…
"What do you mean you've never been to Alpha Centauri? Oh, for heaven's sake, mankind, it's only four light years away, you know. I'm sorry, but if you can't be bothered to take an interest in local affairs, that's your own lookout. Energize the demolition beams.”

You don't need to go as far as Alpha Centauri.

[FONT=&quot]"But Mr Dent, the plans have been available in the local planning office for the last nine months."[/FONT]

[FONT=&quot]"Oh yes, well as soon as I heard I went straight round to see them, yesterday afternoon. You hadn't exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything."[/FONT]

[FONT=&quot]"But the plans were on display ..."[/FONT]

[FONT=&quot]"On display? I eventually had to go down to the cellar to find them."[/FONT]

[FONT=&quot]"That's the display department."[/FONT]

[FONT=&quot]"With a flashlight."[/FONT]
[FONT=&quot]
[/FONT][FONT=&quot]"Ah, well the lights had probably gone."[/FONT]

[FONT=&quot]"So had the stairs."[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]"But look, you found the notice didn't you?"[/FONT]

[FONT=&quot]"Yes," said Arthur, "yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'."[/FONT]